Roseland Work Injury Attorney

If you were injured on the job in New Jersey, a Roseland workplace injury attorney can help you seek workers’ compensation benefits, including medical expenses and wage loss coverage. Thousands of injured New Jersey workers rely on workers’ compensation insurance each year, and some can also seek additional compensation through third-party personal injury lawsuits.

Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced work-related injury attorney about your case and to learn more about your options for recovering the compensation you need. Our firm has successfully recovered more than $535 million for our clients through negotiated settlements and trial awards, and we’re ready to assist you with your case.

What Counts as a Work Injury in Roseland?

A work injury is an injury or illness a worker sustains due to their employment. For example, a work injury can result from a single traumatic event, such as a construction worker being struck by a vehicle on a job site. It can also result from repetitive motions, such as a warehouse worker who injures their back due to constant lifting. And it can result from exposure to harmful substances, such as toxic fumes or asbestos, in the workplace.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system that most employers in New Jersey must have. If you are classified as an employee, workers’ comp will likely cover your work injury regardless of who is at fault for the incident.

The workers’ comp system allows injured employees to receive the medical treatment and other benefits they need faster without worrying about proving someone else was at fault for their injuries. However, in exchange for these benefits, employees cannot sue their employers for injuries sustained on the job in most cases.

Notably, if you are an independent contractor, you are not covered by workers’ compensation. However, you can still seek compensation for your work-related injuries by filing personal injury lawsuits against those responsible.

What Workers’ Comp Benefits Are Available to Injured Workers?

Through workers’ compensation, employees who are injured at work can recover medical and wage loss benefits, and the families of workers killed on the job can recover death benefits. However, since workers’ compensation is a no-fault system, victims and their families cannot recover compensation for non-economic losses like pain and suffering.

Medical Benefits

Workers’ comp covers reasonable and necessary medical expenses related to the work injury. This can include medical treatments, hospital stays, surgeries, prescription medications, medical devices, and physical therapy. However, non-emergency treatment must be with a doctor chosen by your employer or their insurer to be covered by workers’ comp.

Temporary Total Disability (TTD) Benefits

TTD benefits are a type of wage loss benefit for workers who are out of work for more than seven days because of their injuries. These benefits cover 70 percent of your pre-injury average weekly wages up to 75 percent of the statewide average weekly wage.

Your TTD benefits may end if you return to work in any capacity or your treating physician states you have reached maximum medical improvement (MMI). MMI refers to the point at which further treatment is not expected to result in additional recovery.

Permanent Partial Disability (PPD) Benefits

PPD benefits compensate injured workers who have lost or lost the use of body parts due to a work accident. Different body parts are worth different numbers of weeks of compensation. To arrive at the value of the permanent disability, the insurer or lawyer multiplies this number of weeks by the percentage of disability. For example, losing a hand is worth more than losing a finger, and completely losing the use of a hand is worth more than losing partial use.

Permanent Total Disability (PTD) Benefits

PTD benefits compensate workers whose injuries prevent them from returning to work in any capacity. Workers are also assumed to be permanently totally disabled if they lose two or more of any major body parts. That includes hands, feet, arms, legs, or eyes.

Workers receiving PTD benefits can recover up to 70 percent of their pre-injury average weekly wage for an initial period of 450 weeks. If the worker shows that their injuries continue to prevent them from working beyond this period, their benefits can be extended.

Death Benefits

If your loved one died due to a workplace incident, you can seek death benefits. You can obtain up to $3,500 in funeral expenses and up to 70 percent of their average weekly wages as compensation. Surviving spouses, children under 18, children under 23 who are enrolled as full-time students, and physically or mentally disabled children are presumed to be dependents. Other family members can provide evidence of dependency to seek compensation.

Steps to Take After a Work Injury in Roseland

After an on-the-job injury in Roseland, NJ, it’s crucial that you take the following steps. These actions can help protect your right to seek workers’ compensation benefits:

• Report the Injury: To qualify for workers’ comp benefits, injured workers must report their injury to their employer as soon as possible. It’s best to notify your employer both verbally and in writing so you can retain a copy of the correspondence.
• Seek Medical Attention: Under NJ Revised Statutes Section 34:15-15, the employer or their insurance company has the right to select the treating physician. It’s important that you follow up with all medical treatment for your injury, but keep in mind that the physician is working for your employer.
• Document the Incident: You should photograph your visible injuries and the workplace hazard or defective product that contributed to them. Write down everything you remember about the incident so you can refer back to these notes as your case progresses.
• Avoid Providing a Statement: Remember that the workers’ compensation insurance company works for your employer. It wants to minimize the compensation it pays you. You shouldn’t provide a recorded statement to the insurer without first consulting a lawyer.

Deadline for Filing a Workers’ Compensation Claim in Roseland, NJ

Injured workers have two years to file a formal claim petition for workers’ compensation. Failure to file your claim within this period will result in your case being denied. An experienced work injury lawyer can file your claim and handle all correspondence with the insurance company. That leaves you free to focus on your recovery.

NJ Revised Statutes Section 2A:14-2 also gives injured workers two years to file third-party personal injury lawsuits.

Frequently Asked Questions

Check out our answers to some of the most frequently asked questions about Roseland workers’ compensation claims below.

What should I do if I’m injured at work in Roseland, but my employer denies the injury?

If your employer denies your Roseland workplace injury, a workers’ compensation attorney can contact their insurance company directly. They could also file a claim with the Workers’ Compensation Division of the Department of Labor and Workforce Development. The insurance company may accept your claim even if your employer denies it. But if it doesn’t, then filing a formal claim is your next course of action.

Your lawyer will handle all correspondence with your employer and their insurance company, which can help your case get settled. Once the insurance company knows it’s negotiating with a lawyer, it may be less likely to use bad faith tactics to delay or devalue your claim.

Can I sue my employer for a work-related injury in Roseland?

In most cases, injured workers cannot sue their employers for work-related injuries in Roseland. If you are an employee, workers’ compensation covers you. Workers’ comp provides benefits in exchange for you giving up your right to sue your employer. However, if your employer intentionally harms you or knowingly exposes you to danger, you may still be able to seek compensation through a personal injury lawsuit.

Additionally, workers’ compensation does not cover independent contractors, so they can sue their employers for work-related injuries.

How can a lawyer help with my work injury case in Roseland?

A lawyer can help you with your work injury case in Roseland, NJ, in various ways. Some of the most important ways they can help include:

• Investigating the incident to gather evidence supporting your claim for workers’ compensation benefits
• Filing your workers’ compensation claim within the two-year deadline
• Communicating with your employer and the insurance company about your claim on your behalf
• Negotiating with the insurance company for the compensation you need
• Representing you in court if the insurance company denies your claim, terminates your benefits unjustly, or refuses payment for reasonable and necessary medical expenses

Contact Our Work Injury Attorneys Serving Roseland

If you were injured at work in Roseland, New Jersey, contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced work injury lawyer about your case. Workers’ compensation insurance covers most employees in the state. Our occupational hazard lawyers can assist you in seeking the benefits you deserve.